Public Document Pack

Neuadd y Sir / County Hall, Llandrindod, Powys, LD1 5LG

Os yn galw gofynnwch am - If calling please ask for Carol Johnson Ffôn / Tel: 01597826206 Ffôn Symudol / Mobile: Llythyru Electronig / E-mail: [email protected]

PLANNING, TAXI LICENSING & RIGHTS OF WAY COMMITTEE Thursday, 19th March, 2020

The use of Welsh by participants is welcomed. If you wish to use Welsh please inform us by noon, two working days before the meeting

S U P P L E M E N T A R Y P A C K

1. MINUTES OF THE PREVIOUS MEETING 2

To authorise the Chair to sign the minutes of the previous meeting of the Committee held on 27 February 2020 as a correct record. (Pages 1 - 6)

1.1. Updates Any Updates will be added to the Agenda, as a Supplementary Pack, wherever possible, prior to the meeting. (Pages 7 - 16)

2. URGENT ITEM AGREED BY CHAIR - TEMPORARY 7 SUSPENSION OF THE PLANNING CALL-IN PROCEDURE IN THE PLANNING PROTOCOL

To consider the report. (Pages 17 - 18)

This page is intentionally left blank Agenda Item 2 Planning, Taxi Licensing & Rights of Way Committee Thursday, 27 February 2020

MINUTES OF A MEETING OF THE PLANNING, TAXI LICENSING & RIGHTS OF WAY COMMITTEE HELD AT COUNCIL CHAMBER - COUNTY HALL ON THURSDAY, 27 FEBRUARY 2020

PRESENT County Councillor K Lewis (Chair)

County Councillors E M Jones, L George, G Jones, M J Jones, F H Jump, H Lewis, I McIntosh, D R Price, G Pugh, D Selby, K S Silk, E Vaughan, G I S Williams, D H Williams, J Williams and R Williams

1. APOLOGIES

Apologies for absence were received from County Councillors L V Corfield, D R Jones and P C Pritchard.

2. MINUTES OF THE PREVIOUS MEETING

The Chair was authorised to sign as a correct record the minutes of the meeting held on 6 February, 2020.

Planning

3. DECLARATIONS OF INTEREST

(a) County Councillor D Price declared a prejudical interest in application 19/2015/FUL because the applicant undertakes contracting work on his farm business.

(b) The Committee noted that no Member requested that a record be made of their membership of a Community Council where discussion had taken place of matters for the consideration of this Committee.

(c) The Committee noted that no Member (who is a member of the Committee) would be acting as ‘local representative’ in respect of any application on the agenda.

(d) The Committee noted that County Councillor L Roberts (who is not a member of the Committee) would be speaking as the ‘local representative’ in respect of an application on the agenda.

4. PLANNING APPLICATIONS FOR CONSIDERATION BY THE COMMITTEE

The Committee considered the report of the Head of Property, Planning and Public Protection (copies filed with the signed minutes).

4.1 Updates

The Members confirmed that they had received and had time to read the update circulated the previous day and prior to the meeting.

Page 1 Planning, Taxi Licensing & Rights of Way Committee Thursday, 27 February 2020

4.2 P/2017/1089 Lower Trederwen Farm, Trederwen Lane, Arddleen, Llanymynech, Powys SY22 6PY

Grid Ref: E: 326751 N: 315870

Valid Date: 04/10/2017

Community Council: Llandrinio and Arddleen Community Council

Applicant: Ms Mountford

Location: Lower Trederwen Farm, Trederwen Lane, Arddleen, Llanymynech, Powys SY22 6PY

Proposal: Erection of an intensive poultry unit, biomass building and all associated works

Application Type: Full Application

County Councillor L Roberts spoke as the local representative. Mrs S Wright spoke on behalf of local objectors. Mr R Corbett spoke as the agent.

The Planning Officer advised that the update report contained information regarding flood risk and ammonia modelling. In respect of the latter the development would use air scrubbers as a more efficient technology for the reduction in ammonia concentrations. The Planning Officer also advised that the manure management plan had been considered and accepted. He stated that the proposed development would cause no harm to the listed buildings or their settings in the area.

Clarification was sought on the amount of land available for spreading manure. The Chair agreed a short adjournment, to seek clarification from the agent. On resumption of the meeting, the Planning Officer advised that 194 hectares was available for the spread of manure. He advised that the original manure management plan [2018] referred to an incorrect figure and advised that there was an error in the officer’s report which had been corrected to state 194 hectares. The Committee noted that the excess manure would be taken to two anaerobic digesters.

In response to questions, the Planning Officer advised that the Routing Management Plan indicated that access/egress would be via the A483 highway. The Committee noted that the main farm was on the mains water supply and the proposed development would also be connected to this. The Planning Officer advised that the Manure Management Plan identified buffer zones around known private water supplies, where manure would not be spread.

In response to questions regarding the fact that part of the application site was in the C2 flood zone, the Planning Officer advised that the access road was the only part of the proposed development in this area. He advised that Welsh Government guidance stated that no highly vulnerable development should be permitted in a C2 flood zone and the access track and poultry unit was considered to be a less vulnerable development. Page 2 Planning, Taxi Licensing & Rights of Way Committee Thursday, 27 February 2020

It was moved and duly seconded to approve the application as recommended by the officer in the update report.

RESOLVED: Reason for decision: that the application be granted As officer’s recommendation as consent, subject to the set out in the update report conditions set out in the update which is filed with the signed report which is filed with the minutes. signed minutes.

County Councillor H Williams asked that his vote against the application be recorded.

County Councillor G Jones joined the meeting.

4.3 19/0361/FUL Brecon Waste Transfer Site, Cwrt Y Plyfin, Llan-y- Wern, Brecon, Powys, LD3 0TT

Grid Ref: 309072 231583

Valid Date: 25/02/2019

Community Council: Felin-Fach Community Council

Applicant: Mr Simon Kendrick, c/o Agent (Agent Miss Llinos Hallett, Asbri Planning Ltd, Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS)

Location: Brecon Waste Transfer Site, Cwrt Y Plyfin, Llan-y- Wern, Brecon, Powys, LD3 0TT

Proposal: Demolition of existing structures and the proposed development of offices/welfare unit, a bulking facility, a storage shed, sump and silo for food waste, an area of hardstanding and associated car parking spaces for staff and operational vehicles.

Application Type: Full application

In response to a question the Highways Authority advised that the junction to the A470 was within the jurisdiction of the Trunk Road Agency. The Committee noted that the Welsh Government had not issued a direction in respect of the proposed development.

It was moved and duly seconded to approve the application as recommended by the officer.

RESOLVED: Reason for decision: that the application be granted As officer’s recommendation as consent, subject to the set out in the report which is conditions set out in the report filed with the signed minutes. Page 3 Planning, Taxi Licensing & Rights of Way Committee Thursday, 27 February 2020

which is filed with the signed minutes.

County Councillor D Price having declared an interest left the meeting room for the next application.

4.4 19/2015/FUL Noyadd Farm, Cilmery, Builth Wells, Powys, LD2 3NT

Grid Ref: E: 301266 N: 251845

Valid Date: 03/12/2019

Community Council: Cilmery Community Council

Applicant: Mr Christopher Richards

Location: Noyadd Farm, Cilmery, Builth Wells, Powys, LD2 3NT

Proposal: Extend existing slurry store and construction of building to enclose slurry store including cover over open yard area

Application Type: Full application

The Planning Officer advised that, notwithstanding the wording of the application, the application was to extend the covering of the slurry pit and not extending the slurry pit.

It was moved and duly seconded to approve the application as recommended by the officer.

RESOLVED: Reason for decision: that the application be granted As officer’s recommendation as consent, subject to the set out in the report which is conditions set out in the report filed with the signed minutes. which is filed with the signed minutes.

County Councillor D Price returned to the meeting and resumed his seat in the Committee.

5. DECISIONS OF THE HEAD OF PROPERTY, PLANNING AND PUBLIC PROTECTION ON DELEGATED APPLICATIONS

The Committee received for information a list of decisions made by the Head of Property, Planning and Public Protection during the period between 29 January, 2020 and 18 February, 2020.

Page 4 Planning, Taxi Licensing & Rights of Way Committee Thursday, 27 February 2020

Taxi and other licensing

6. ANIMAL ESTABLISHMENT LICENSING FEES

The Committee considered the report regarding revised fees for the licensing of animal establishments to commence from April 2020. The Senior Licensing Officer advised that fees had to be reviewed on an annual basis and that they had to cover the cost of the services provided. During the review of fees, it had been noted that this was not the case and that therefore the Local Government Association [LGA] guidance was not being followed.

In response to questions, the officer advised that the Welsh Government was aware of the fee variation across Wales and it was working towards resolving this.

It was moved and duly seconded to approve the revised licensing fees subject to consultation.

RESOLVED Reason for decision That the revised Licensing fees be To enable full cost recovery for approved for consultation and if licencing regime. following consultation, no objections are received then they will come into effect on 1st April 2020.

7. MINUTES OF TAXI LICENSING SUB-COMMITTEES

The Chair presiding at the Taxi Review Panel held on 10 February =2020 was authorised to sign the minutes as a correct record.

The Solicitor advised that the application for a Judicial Review in respect of the proposed development of a poultry unit at Old Impton Farm [18/0779/FUL] had failed at the first stage – namely the application to the High Court to obtain permission to proceed with Judicial Review. The application was rejected on all grounds. The Applicant had requested an oral hearing before a judge in the High Court and again this was rejected on all grounds. The Applicant had seven days in which to appeal to the Court of Appeal however that time limit had elapsed and no notice of appeal had been received. The Council had been awarded costs.

County Councillor K Lewis (Chair)

Page 5 This page is intentionally left blank Agenda Item 4.1

Planning, Taxi Licensing and Rights of Way Committee Report Application No: 19/1899/REM Grid Ref: 283050.34 211312.71

Community Council: Tawe-Uchaf CC Valid Date: Officer: 11/11/19 Carms CC

Applicant: Celtic Energy Ltd, 9 Beddau Way, Castlegate Business Park, Caerphilly, CF83 2AX Location: Nant Helen Surface Mine, Coelbren, Neath

Proposal: Variation of condition 45 of planning approval 18/1070/REM to allow for a revised restoration scheme. Application Type: Variation of Condition REPORT UPDATE Updated Consultee Response Brecon Beacons National Park Authority I refer to my previous letter dated 24.02.2020, raising a holding objection. I note the further information that has been submitted from Celtic Energy including submitted photographs from Viewpoints BB1 and BB2 from within the National Park, but which are not of a good quality. I note that NRW have offered the following comments:- The Addendum to the original ES (18/1071/DIS) with a revised restoration scheme concluded at 11.2.8 that the landscape and visual effects of the new proposal would be at best Neutral to Slight adverse. The recently submitted information now suggests that the current, further revised scheme would have a Moderate beneficial long term effect on receptors at Viewpoints BB1 & BB2, in line with the original assertions in 2011. It is stated that the magnitude of change compared to the previous restoration proposal is negligible. We consider that the beneficial effects on the National Park have been overestimated and that the current revised restoration would be a less beneficial scheme, as a result of the retention of much of the overburden landform and void. However, we do not consider the differences to be so great as to have a long-term adverse impact on the landscape of the Brecon Beacons National Park. In consideration of the above, whilst it is considered that the restoration scheme will secure a less beneficial restoration scheme, as more of the overburden scheme will be retained, we would agree with NRW that this is unlikely to have a long-term adverse impact on the special quality of the landscape of the Brecon Beacons National Park. No objections are therefore raised.

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Representations One late representation has been received from Jeffreys & Powell Solicitors:

I act for Mynydd y Drum Commoners Association.

My client association would object to the Section 73 application to vary condition 45 of planning permission 18/1070/REM in relation to the restoration scheme at Nant Helen Surface Mine.

You will be aware that a substantial part of the above site comprises registered common land. I have attached two plans showing the approximate extent of GCL98 and BCL078.

As set out by WG elsewhere, the original agreed restoration is agricultural after use, which for this application is considerable at 247 hectares comprising common land, enclosed fields and marshy grassland.

As also indicated elsewhere, from the application and associated documents, it appears that the applicants propose an alternative after use proposal for the site. The proposal it to create a flexible land form that could be used for a variety of after uses such as nature conservation, leisure, tourism, amenity and industrial use. As originally envisaged, the site should be returned to agricultural use and open access land.

It is disappointing but not surprising that there has been no consultation with those who hold and exercise registered rights of common in respect of the site and its vicinity.

As it was assumed that there was sufficient bond in place to ensure restoration of the site as previously envisaged it is not clear what has changed now. I have also been asked to make enquires about that point which will be the subject matter of separate correspondence and which will be pertinent to any application under the Commons Act 2006 that the applicant will need to make.

Officer Appraisal Update Landscape and visual impacts Brecon Beacons National Park Authority has confirmed that they agree with NRW that this scheme is unlikely to have a long-term adverse impact on the special quality of the landscape of the Brecon Beacons National Park. No objections are therefore raised. The officer appraisal of landscape and visual impacts as contained in the report is unchanged.

Page 8 Loss of Common Land The Mynydd Y Drum Commoners Association has objected on the basis that it appears to them that the applicants propose an alternative after use proposal for the site. They consider that the proposal to create a flexible land form that could be used for a variety of after uses such as nature conservation, leisure, tourism, amenity and industrial use is at odds with the restoration of the Common to agricultural use and open access land. There appears to be a misconception on the part of the Commoners Association which may have resulted in part from the response of the Welsh Government Agricultural Adviser. For clarity this proposal does not result in any loss of Common Land. There is also only a very limited change in the vegetation type outside of the Common. The proposed landform is different but the land-use is not substantively changed. Any alternative land-uses that may be facilitated by the flexible landform created would be the subject of subsequent planning applications and potentially applications under the Commons Act. They are not part of this application. As for the lack of consultation, this application has been publicised in the manner required for a major development of this nature. It was advertised in the local press and site notices were displayed at four separate locations, site entrance, Brooklands Terrace, Caehopkin and on Brecon Road, Penrhos near the junction with Tanywaun Recommendation The recommendation remains unchanged

Page 9 This page is intentionally left blank Planning, Taxi Licensing and Rights of Way Committee Report

Application No: 19/1477/FUL Grid Ref: E. 297087, N 282209

Community Llanidloes Without CC and Valid Date: Officer: Council: Llangurig 25/09/2019 Gary Nancarrow

Applicant: Mr David Williams Sundorne Products (Llanidloes) Ltd, Llanidloes, Powys,SY186JJ

Location: Bryn Posteg, Tylwch, Llanidloes, Powys, SY18 6JJ

Proposal: Regularisation and retention of over-tipped material on the existing landfill, aditional landfilling operations in accordance with revised restoration profile and phasing details together with associated landfill infrastructure.

Application Full application, part retrospective. Type:

Environmental Application accompanied by an Environmental Statement. Statement:

Reason for Major waste development. Powys County Council has an interest in the Committee: site because the applicant provides waste management services operating from this site to the Council.

REPORT UPDATE

Revised Phasing Plan

The applicant has provided a revised phasing plan reference 43456-CAU- XX-XX-DR-S-1815 P6. The detail of the phasing remains unaltered, but the timeline information within the tabulation inset has been updated with dates to reflect an assumed 1 May 2020 commencement. A condition is proposed for the submission of a revised phasing plan, and in the event that the 1st May commencement does not occur, which can be due to planning or environmental permitting delays, a mechanism remains in place to ensure that any further revision to the phasing plan dates can still be approved.

A copy of the plan and extract of the revised inset table is reproduced below.

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Countryside Access and Recreation - Rights of Way

Having reviewed this with Emma Guy, the Area Rights of Way and Access officer, this application does not have any significant impact on the two public rights of way in itself.

Mapping the detail of the paths is complicated, due to differences of only a few metres between the alignments of the field boundaries shown on OS Mastermap and the site fencing that is actually in place on the ground. When Emma and I last visited the site in 2015, we concluded that:

- Footpath 84, at the northern and north-eastern edge of the site, runs along a narrow corridor (of around 1 metre wide) between the security fencing for the site and the older hedge line to the north of it. It then turns to exit the corridor into the field to the east. The legal line is obstructed, as the narrow corridor cannot be accessed at either end. However the used route, with path furniture, is on the field edge immediately to the north and east of this, within the neighbouring field; we would recommend that a diversion application be made to address this discrepancy, if that will not be addressed through later restoration work. However, as the current planning application does not further impact on this area, it would not be a requirement that the path be diverted before the development subject of this planning application be carried out.

- Footpath 85 is outside the site, to the south of the wire fencing in your attached photographs. It was inside the original site boundary and in 2015, was in a corridor, with the site fence to the north and field boundary to the south. The field boundary to the south has since been removed, opening the path up to the rest of the field.

Case Officer Planning Response

The officer rights of way appraisal in the main committee report advises that there is minimal direct impact on the rights of way as a consequence of the proposed development, and this remains unaltered. The routes on the ground provide for an unrestricted public access around the outside of the development site. The landfill site is an existing development and it is not expedient for the Council to attempt to regularise the minor footpath deviations from the definitive route via conditions attached to this planning proposal. There existing legislative powers to bring about a regularisation via footpath diversion order application to be made by the applicant. The applicant has been made aware of the need to make an application.

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Copy of 43456-CAU-XX-XX-DR-S-1815 P6.

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Extract Table Inset from Copy of 43456-CAU-XX-XX-DR-S-1815 P6.

Page 14 Planning, Taxi Licensing and Rights of Way Committee Report

Update

Application 19/0943/OUT Grid Ref: E: 326854 Number: N: 318442 Community Llandysilio Community Valid Date: 17.07.2019 Council:

Applicant: Mr Graham Jenner

Location: Land Adjacent To Four Crosses Inn, Four Crosses, Powys, SY22 6RE,

Proposal: Erection of 7 affordable dwellings and associated works

Application Type: Outline planning

Update

Powys Highway Authority has provided further comments in respect of the above application:

“Please be advised that there was a typo on the latest response that the Highway Authority (HA) sent in relation to this application. It is not the intention of the HA to object to this application, and the conditions to which we recommended should be considered as our support for the application”.

Page 15 This page is intentionally left blank Agenda Item 7

CYNGOR SIR POWYS COUNTY COUNCIL.

Planning, Taxi Licensing and Rights of Way Committee

19th March 2020

REPORT AUTHOR: Professional Lead - Planning

REPORT TITLE: Temporary suspension of the Planning Call-in Procedure in the Planning Protocol

REPORT FOR: Decision

1. Purpose

1.1 In order to enable the Local Planning Authority to continue to make decisions on planning applications during the current Covid-19 pandemic, and to overcome the restrictions and concerns around holding meetings, the Committee is asked temporarily to suspend the planning application call-in procedure which can be exercised by a local member, as set out in the Planning Protocol.

1.2 The Planning Protocol and the call-in procedure (paragraphs 19.51 – 19.61 of the Planning Protocol) can be read via the following hyperlink. https://powys.moderngov.co.uk/documents/s39838/Section%2019%20- %20Planning%20Protocol%20v4%20- %20Final%20Version%20approved%20by%20the%20Planning%20Committe e.pdf

1.3 The call-in procedure effectively overrides the provision in the Constitution at Section 13, A1 that normally provides for the determination of planning applications by the relevant planning officer by enabling a local member to request a planning application to be determined by the Planning Committee. If the call-in procedure is suspended then those applications would revert to being delegated to the relevant planning officer for determination.

1.4 Under paragraph 19.3 of the Council’s Constitution, “The Planning, Taxi Licensing and Rights of Way Committee is hereby authorised to amend the Planning Protocol following receipt of advice from the Scrutiny Manager and Legal Services.”

2. Legal implications

2.1 For those applications affected, the decisions would be made by the relevant planning officer and not The Planning, Taxi Licensing and Rights of

Page 17 Way Committee. However, the relevant planning officer would still have to make a decision based on the same criteria, namely, based on the Local Development Plan and policy unless material planning considerations provided otherwise.

2.2 This would be an imaginative use of Committee’s powers to reduce face to face contact during the current emergency.

2.3 This report has been approved by the Monitoring Officer.

3. Comment from local member(s)

3.1 The comments from all members have been sought prior to the Committee and will be reported verbally at the meeting to enable the Committee to make an informed decision.

4. Recommendation

Recommendation Reason 1. With immediate effect, to suspend To enable the Local Planning temporarily for a period of 6 months Authority to continue to the Member Call-in procedure as set determine planning out in the Planning Protocol applications during the (paragraphs 19.51 – 19.61 of the Covid-19 Pandemic. Planning protocol). 2. To delegate authority to the Chairman of the Planning, Taxi Licensing and Rights of Way Committee to either reduce or increase the above period as necessary.

Contact Officer: Peter Morris Tel: 01597 827773 Email: [email protected]

Head of Service: Gwilym Davies

Corporate Director: Nigel Brinn

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